To repeal section 319.015, RSMo, and to enact in lieu thereof one new section relating to
excavation requirements.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 319.015, RSMo, is repealed and one new section enacted in lieu
thereof, to be known as section 319.015, to read as follows:

319.015. For the purposes of sections 319.010 to 319.050, the following terms mean:

(1) "Approximate location", a strip of land not wider than the width of the underground
facility plus [two feet]one foot on either side thereof. In situations where reinforced concrete,
multiplicity of adjacent facilities or other unusual specified conditions interfere with location
attempts, the owner or operator shall designate to the best of his or her ability an approximate
location of greater width;

(2) "Excavation", any operation in which earth, rock or other material in or on the ground
is moved, removed or otherwise displaced by means of any tools, equipment or explosives and
includes, without limitation, backfilling, grading, trenching, digging, ditching, drilling,
well-drilling, augering, boring, tunneling, scraping, cable or pipe plowing, plowing-in, pulling-in,
ripping, driving, and demolition of structures, except that, the use of mechanized tools and
equipment to break and remove pavement and masonry down only to the depth of such pavement
or masonry, the use of high-velocity air to disintegrate and suction to remove earth, rock and
other materials, and the tilling of soil for agricultural or seeding purposes shall not be deemed
excavation. Backfilling or moving earth on the ground in connection with other excavation
operations at the same site shall not be deemed separate instances of excavation;

(3) "Marking", the use of stakes, paint or other clearly identifiable materials to show the
field location of underground facilities, or the area of proposed excavation, in accordance with
the color code standard of the American Public Works Association. Unless otherwise provided
by the American Public Works Association, the following color scheme shall be used: blue for
potable water; purple for reclaimed water, irrigation and slurry lines; green for sewers and drain
lines; red for electric, power lines, cables, conduit and lighting cables; orange for
communications, including telephone, cable television, alarm or signal lines, cable or conduit;
yellow for gas, oil, steam, petroleum or gaseous materials; white for proposed excavation; pink
for temporary marking of construction project site features such as centerline and top of slope
and toe of slope;

(4) "Notification center", a statewide organization operating twenty-four hours a day,
three hundred sixty-five days a year on a not-for-profit basis, supported by its participants, or by
more than one operator of underground facilities, having as its principal purpose the statewide
receipt and dissemination to participating owners and operators of underground facilities of
information concerning intended excavation activities in the area where such owners and
operators have underground facilities, and open to participation by any and all such owners and
operators on a fair and uniform basis. Such notification center shall be governed by a board of
directors elected by the membership and composed of representatives from each general
membership group;

(5) "Permitted project", a project for which a permit for the work to be performed is
required to be issued by a local, state or federal agency and, as a prerequisite to receiving such
permit, the applicant is required to locate all underground facilities in the area of the work and
in the vicinity of the excavation and is required to notify each owner of such underground
facilities;

(7) "Pipeline facility" includes, without limitation, new and existing pipe, rights-of-way,
and any equipment, facility, or building used or intended for use in the transportation of gas or
the treatment of gas, or used or intended for use in the transportation of hazardous liquids
including petroleum, or petroleum products;

(8) "Preengineered project", a project which is approved by an agency or political
subdivision of the state and for which the agency or political subdivision responsible for the
project, as part of its engineering and contract procedures, holds a meeting prior to the
commencement of any construction work on such project and in such meeting all persons
determined by the agency or political subdivision to have underground facilities located within
the excavation area of the project are invited to attend and given an opportunity to verify or
inform any agency or political subdivision of the location of their underground facilities, if any,
within the excavation area and where the location of all known underground facilities are duly
located or noted on the engineering drawing as specifications for the project;

(9) "Residential property", any real estate used or intended to be used as a residence by
not more than four families on which no underground facilities exist which are owned or
operated by any party other than the owner of said property;

(10) "Underground facility", any item of personal property which shall be buried or
placed below ground for use in connection with the storage or conveyance of water, storm
drainage, sewage, telecommunications service, cable television service, electricity, oil, gas,
hazardous liquids or other substances, and shall include but not be limited to pipes, sewers,
conduits, cables, valves, lines, wires, manholes, attachments and those portions of pylons or
other supports below ground that are within any public or private street, road or alley,
right-of-way dedicated to the public use or utility easement of record, or prescriptive easement;
except that where gas distribution lines or electric lines, telecommunications facilities, cable
television facilities, water service lines, water system, storm drainage or sewer system lines are
and such lines or facilities are owned solely by the owner or owners of such property, such lines
or facilities receiving service shall not be considered underground facilities for purposes of this
chapter; provided, however, for railroads regulated by the Federal Railroad Administration,
"underground facility" as used in sections 319.015 to 319.050 shall not include any excavating
done by a railroad when such excavating is done entirely on land which the railroad owns or on
which the railroad operates, or in the event of emergency, on adjacent land;